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Louisiana Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law and Landlord - Tenant for Louisiana on
Q: I have a trailer on my mother's property the trailer and the property is paid off in full can She take my trailer away

My Mobile home is paid off in full and I have the title in my name it's setting on private property that's in my mother's name that is also paid off in full I did pay and have a mowdad down but I have not had the money for the lights or water just yet can she take my trailer from me and start... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 12, 2019

It's clear the trailer is titled to you. It's not clear who owns the land to answer your question.

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1 Answer | Asked in Personal Injury and Real Estate Law for Louisiana on
Q: What rights do I have to make a neighbor cut trees struck by lightning and large branches are falling on my land?

These are huge pine trees that are more than 50 feet tall which could also damage my home or injure my family especially considering hurricanes and other excessive storm conditions. Am afraid to cut grass in my yard as twice branches more than 5 inches in diameter have fallen onto my property. I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 5, 2019

File suit in juju justice of the peace court and take pictures and print them.

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Land Use & Zoning for Louisiana on
Q: Is there a law in Louisiana that prohibits felons from owning property

My son has 5 felonies and we jointly own a house 50/50. He'll go to jail and stay anywhere from 7 months to 36 months and each time he comes back to my home(his house) he destroys it a little bit more. This time he tried to burn it down around his 86 yr old grandfather and myself. I'm just... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 17, 2019

Felons can own property. You can buy him out.

1 Answer | Asked in Family Law, Personal Injury and Real Estate Law for Louisiana on
Q: Pool is 15 feet from door of home fenced 1 side carport other open completely one side , 7 year old plays around pool

My son live with his mom the pool is directly out door used. Basically the house and carport take 2 sides fence back aways but on one side a fence one side is completely open. My son is 7 he rides his bike around pool, plays around pool its a on going argument. I say its unsafe is it even legal?... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 23, 2019

Put him in swimming lessons immediately.

1 Answer | Asked in Real Estate Law, Environmental, Land Use & Zoning and Municipal Law for Louisiana on
Q: Do I have any recourse or a case?

During heavy rains, the small storm drain in front of my house gets overwhelmed and water backs up indoors. The city cleaned ditches for me once; the next time I contacted them they ignored me. This is not a flood zone at all. This is a miserable situation. Is the city responsible? If not, who? I... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 21, 2019

One option you could try is to contact a member of your local government for your district, maybe a city council member or someone along those lines. If the situation you describe is something that other residents in the vicinity are also experiencing, it's possible that an elected official might... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Louisiana on
Q: Can an apartment complex in Louisiana require renters insurance as a term of a lease?

I've been looking, but can't find anything official in the rental law.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 15, 2019

Teaching opportunity: The law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex." Accordingly, if Louisiana laws regarding "rental law" do not contain anything about landlords requiring renter's... Read more »

2 Answers | Asked in Contracts, Real Estate Law, Landlord - Tenant and Legal Malpractice for Louisiana on
Q: In a BFD, what are seller's rights when it comes to buyer damage to the property & missing payments every month?

Buyer's real estate agent has taken advantage of my elderly parents since the start. Buyer has failed to make payments on time every month since signing. 45 days have been given each time. The contract said for improvements to be made to houses and property. None have been made. Rather the houses... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 28, 2019

Contact a Louisiana real estate lawyer to help the sellers enforce the contract.

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1 Answer | Asked in Family Law and Real Estate Law for Louisiana on
Q: A Lien was placed on my deceased fathers home with no proof that the money is owed but their attorney will not remove it

After his death me and my siblings were awarded the estate. His wife remodeled the house before listing it not realizing that it wasn't her property. The person that did the work was her nephew. They placed the Lien on the property and their attorney refuses to remove it. He has been given since... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 21, 2019

Hire a real estate attorney

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Q: Can not deliver original petition by Marshall or PI in Louisiana after four documented attempts. What is my next step?

Missed rent payments, destroyed the property. Got evicted. Incorrect forwarding address, stopped ? working in Louisiana.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2019

Hire a local lawyer to advise you how to give legal notice in lieu of personal service in cases like this.

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Q: Trying to serve an original petition. Marshall and private investigator did not find the person. How do I proceed?

Petition for not paying rent and destroying the property. Received incorrect forwarding address, person stopped working in the state. Four time unsuccessful delivery attempts documented.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2019

Hire a local lawyer to advise you how to give legal notice in lieu of personal service in cases like this.

1 Answer | Asked in Criminal Law, Real Estate Law, Traffic Tickets and Landlord - Tenant for Louisiana on
Q: If im parked on the street in a subdivision. A empty lot with no building. A lot across the street guy has gun

Asks what im doing parked in the street. Says he's calling the police. There are no no parking signs. It is a public street.

If I chose to stay and talk with police what happens

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 20, 2019

Parking on a public street is not a crime.

1 Answer | Asked in Bankruptcy and Real Estate Law for Louisiana on
Q: I have several judgements, can I sell my house?

My ex-husband and I have several Judgements. We want to sell our house, can we get a clear title? Also someone told him something about reestablish money? That they can't touch the first 50k of any equity we have in the house.

Timothy Denison
Timothy Denison answered on Jan 16, 2019

You need to have the title on your house examined. If there are no liens, you can file it free and clear. If there are liens, you can sell it but the liens would be paid first.

1 Answer | Asked in Real Estate Law, Family Law and Foreclosure for Louisiana on
Q: My mom died when I was young and my uncle is trying to sell the house I used to live in? Is that legal and isit my house

I used to live with my mom (parents never married) and my mom died when I was 10. The house I used to live in was just me and my mom and I think my late grandfather MAY have been Co owner. I moved in with my dad till the age of 18. My uncle (grandfather's 1st wife's son), moved into the house while... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 6, 2018

Call or go to the mortgage and conveyance office for the parish in which the house was located and find out who does own it. If your Mom or grandfather was an owner, then you need to hire a succession attorney.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Louisiana on
Q: If mother left succession and it states grandson having a usufruct of home can the daughters try and sell home even if a

All five don't agree to sell 3 do and 2 don't

Douglas Lee Bryan
Douglas Lee Bryan answered on Oct 26, 2018

The daughters can't do anything with the property that wouldn't be subject to the usufruct. In other words, it would be hard to find a buyer, other than perhaps another family member, that would purchase it knowing that the purchase would be subject to the grandson having a right of use.

1 Answer | Asked in Real Estate Law and Criminal Law for Louisiana on
Q: Does the taxes hafto be paid to use property bond
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 22, 2018

Mortgage encumbered part of equity. Tax lien encumbered part of equity. If not enough equity left ovwr, then can't use property for property bond.

1 Answer | Asked in Criminal Law and Real Estate Law for Louisiana on
Q: My son is a drug addict and deals drugs. He hit and shook me, I called the police and blocked his number. He got so mad

He threatened to burn my house down. He got evicted and brought his camper and parked it in my front yard after I said no

What can I do to make him leave.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 11, 2018

Call the Sheriff for your parish, threatening to burn your house down, dealing drugs, harassing you and shaking you are all criminal offenses. Then after he is arrested, just have his camper pushed out onto the street.

1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Q: My sister passed in June she had no will, has an equity mortgage. I want to sell the property and pay of her debit.

I need help understanding what needs to be done. I tried talking to the bank with no resolution.

Douglas Lee Bryan
Douglas Lee Bryan answered on Oct 2, 2018

A succession will need to be opened. You should speak with an attorney who handles succession matters in Louisiana.

1 Answer | Asked in Estate Planning, Real Estate Law and Civil Litigation for Louisiana on
Q: How can we sell inherited property when 4 of the 8 heirs refuse to buy or sell?

We have had fair offers on the table but have been unsuccessful. One of the heirs is the administrator and he tried before closing succession to get everyone on board to either buy or sell to no avail.

Christie Tournet
Christie Tournet answered on Sep 17, 2018

You will have to administer the estate, have the court appoint someone as executor/administrator, and then get authority to sell after an offer is submitted in writing and contingent upon court approval. Then, the proceeds are split (after authority from the court, again) either by intestacy law,... Read more »

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Louisiana on
Q: How long must you legally own a property in the state of Louisiana before reselling? Where is the law defining this ?
Christie Tournet
Christie Tournet answered on Sep 10, 2018

There is no law requiring that you hold property for a minimum time before re-selling. However, tax consequences could differ on income/capital gains. You should address that scenario, and your specific circumstances, with your CPA.

1 Answer | Asked in Divorce and Real Estate Law for Louisiana on
Q: My husband and I have been married a little over a year. he is on drugs , does not want help. What are my options?

Before we were married i bought a mobile home And put it on his land.both are fully paid for. I’ve known him/his family my whole life i just want this divorce to be as quick, painless, fair as possible.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 30, 2018

Your options are:

1) divorce based on inebriation,

2) sole management of the community assets,

3) interdiction.

Call a family law attoeney before he runs up some debt with which you can be stuck.

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